-Imperial Code of Law Act of 526AER-
Introductory Text An Act to clearly codify the law of the Empire and the Federation. Preamble WHEREAS there is no clearly defined definition of law in Falleentium WHEREAS there is no common code of law in Falleentium May it therefore please Your Imperial and Royal Majesty that it may be enacted and be it enacted by the Emperor's most Excellent Mayjesty by and with the advice and consent of the State representatives and the elected deputies in this present Parliament assembled any by the authority of the same as follows: General definitions of law I. Law is any written or positive rule or regulation or collection of those prescribed under the authority of the State or the Empire, as by the people and its constitution. II. Law is the expression of the general will. Every citizen has the right to participate personally, or through their representative. It must be the same for all whether it protects or punishes. All citizens are equal before the law. III. Law of Falleentium is divided into two branches of law: *i. Public law; which concerns itself with the definition and principles of operation of the state and public bodies. *ii. Private law; which applies to private individuals and private bodies. Natural and legal rights of the citizen I. Men are born and remain free and equal in rights. Social distinctions maybe be founded only on public good. II. Liberty, property, security and resistance to opression shall remain iremovable and natural rights of every citizen of the Empire. III. All power emanates from the people. IV. Liberty consists of freedom to do everything which shall not harm anyone else, hence the exercise of the natural rights of each man has no limits except those which assure to the other members of the society the enjoyment of the same rights. Limits are determined by the law. V. Law can only prohibit actions that are hurtful to society. Nothing may be prevented which is not forbidden by law, and no one may be forced to do anything not provided by the law. VI. No person shall be accused, arrested or imprisoned except in the cases and according to the forms prescribed by the law. Anyone soliciting or executing aany arbitrary order, shall be punished. But any citizen summoned or arrested in virtue of the law shall submit without delay, as resistance constitutes an offence. VII. All persons are held innocent until declared guilty. If arrest is deemed indispensible all harshness not essential to securing the prisoner's person shall be severly repressed by the law. VIII. Discrimination based upon opinions, including religious views, race, gender, nationality, sexuality, etc(Citizens Equality Act of 515AER)... is strictly prohibited. IX. Freedom of communication and publication is essential. Every citizen may speak, write and print with freedom. X. Society has the right to require of every public official an account of his or her administration. XI. Property is an inviolable and sacred right, no one can be deprived of it unless demanded by public necessity, legally constituted, explicitly demands it. Public law I. The law is based upon the Constitution and Acts of parliament. II. Public law is defined as anyhing concerning public officials in the exercise of their office. III. Cases are heard in the Administrative Courts. Appeals can be lodged and pass to the Administrative Court of Appeals. The Council of the Empire is the supreme court for public law and is ultimately responsible for determining the legality of administrative measures. Private law I. Private law is the basic law of the Empire. It is administred through judicial courts. II. There are two judicials channels: *i. Those dealing with civil litigation; concerning private individuals dealt with by local courts known as First Instance Courts and Superior Courts. Everyday offences and petty criminal matters are dealt with by Police Courts and Magistrates. More serious matteres are referred to the Criminal Court. *ii. Those dealing with appeals; appeals are heard in the Court of Appeal, a second degree court. Judgements can be contested in the Supreme Civil Court. Courts of the Empire I. Courts system of the Empire will be divided into Judicial Jurisdiction and Administrative Jurisdiction. II. Judicial Jurisdiction will have the following courts, in an ascending order: *i. Civil jurisdiction(First Instance Courts and Superior courts, etc..) *ii. Courts of Appeal(Court of Appeal and Supreme Civil Court) *iii. Court of Cassation(responsible over all matters triable in certifying question of law and reviewing miscarriages of justice.) III. Administrative Jurisdiction will have the following courts in an ascending order: *i. Administrative Court *ii. Administrative Court of Appeals *iii. Council of the Empire(legal advisor to the Crown and the Government and supreme authority in determining the legality of judgements in the previous cases. IV. The Courts shall also have two final stages: *i. Court of Conflicts *ii. Federal Constitutional Council Legal procedures I. All court cases will be carried in an inquisitorial manner, rather than an adversarial manner. II. It is up to the magistrate(who shall be a highly qualified professional graduate of law) or magistrates to decide whether the case is to be carried on to the next level of the court's system. III. In second degree courts there shall be a jury of a citizen's peers who shall decide the case. Appointment of Magistrates and Judges I. Any person who has graduated from a school of law or magistrature and has server at least 6 years in another legal office, is eligable to become a magistrate or judge. II. Judges and Magistrates are appointed by His Imperial Majesty, on the counsel of the Council of the Empire. Any appointment can be challenged if there is belief of corruption in the appointment. III. Regardless of articles I. and II. of this section, the State and the judicial shall remain separated. Enactment clause I. This is to become the official Code of Law of the Empire as soon as it is passed in parliament, approved by the government and signed by His Imperial Majesty. Category:The Institute of Laws and Regulations